Delayed Double Homicide Case: Intentional Delay Tactics by Defense? Or Understaffed Defense Office?
The Case On May 2, 2022, two three-year-old boys Hunter Jackson and Odin Ratliff were killed when Kent Cody Barlow drove his car off the road into a corral they were playing in. Spencer Burt for Fox 13 reports that “the structure collapsed on top of the boys, which caused their death, according to the state medical examiner.” The prosecution claimed that Barlow was high …
Psychiatric Assessment Backlog in Manitoba
There is a backlog of psychiatric assessments in the Manitoba criminal courts, report a Free Press editorial released just today. “It’s months-long delays for people who have been accused of crimes and are waiting for psychiatric assessments,” reports the Free Press. This is not a new story. The Free Press, reported in February 2013 that “Lengthening lineups for psychiatric assessments are delaying cases, forcing accused …
Enormous Seven-Year Construction Case Comes to a Conclusion – Walsh Construction v Toronto Transit Commission
The Seven year long Walsh Construction v Toronto Transit Commission case has come to a conclusion… probably. It’s possible that either of these parties may appeal the decision, but at least the decision was awarded. It was a case that took about as long as the project did. The project was the construction of the Pioneer Village Subway Station in Toronto. Construction began on September …
“Justice is Never Too Late to Come”
“Justice is Never Too Late to Come.” This was the powerful statement made by the spokesperson for the family of the girl who was killed by Ibrahim Ali in 2017. As noted elsewhere there is a deep appreciation for justice and it can still be received as justice many years after the event and despite ample grounds for concern over timeliness.
All Judicial Appointments Since the Hameed Decision
In Hameed v. Canada 2024 FC 242 the Federal Court has declared that the Federal Executive is required to make timely judicial appointments within a “reasonable time of vacancy.” The Honourable Mr. Justice Henry Brown, ruling on the decision, found the number of judicial vacancies (85) appalling and untenable and ordered that “appointments to fill judicial vacancies… must be made within a reasonable time.” Since …
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Forensic Delay in the Delisle Case
Police called to the scene of a wife who has been killed by gunshot are conditioned by training and experience to suspect the husband. In 2009 the elderly Nicole Rainville died by gunshot and her husband Jacques Delisle, a former judge for the Court of Appeal in Quebec was charged, tried and convicted for her murder and served almost nine years in prison. Investigators have …
Delaying Departures
It has been a fact of deportation for sometime that many people who are deported stay around. The Globe on February 13, 2024 reported that only a quarter of people given notice of deportation since 2016 have actually been removed. This is particularly concerning when the basis of the deportation is the commission of a serious criminal offence. No matter how small the share of …
Keeping Up
In Hameed v. Canada 2024 FC 242 the Federal Court has declared that there is a constitutional convention that the Federal Executive is required to make judicial appointments on a timely basis and within a “reasonable time of the vacancy.” In yet another cry of alarm Justice Henry Brown observes that treading water in making appointments fails not only those who depend on them to …
Pleading Not Guilty
Andy Gregory at the Independent recently reported that “criminals are gaming the system by pleading not guilty and relying on crippling tactics to evade justice.” The criminal justice systems in most countries have come to depend on a high level of guilty pleas. The natural result of this is that if defendants come to believe that their interests are well-served by requiring the prosecution to …
Sexual Assault Case Stayed for Delay after the Guilty Verdict
A sexual assault case was stayed for delay after the guilty verdict. Jacques Gallant wrote an article for the Toronto Star on this case titled “She testified. The jury found a man guilty of raping her. It was only then a GTA judge tossed the case for delay.” Timothy Toole, an acquaintance of the victim (whose name is protected) had a few drinks with the …
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